Miraj Abdul Mueed Khan vs The State Of Maharashtra Thr ...
2021 Latest Caselaw 1019 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                           NAGPUR BENCH, NAGPUR



            CRIMINAL WRIT PETITION NO.598 OF 2020




  Miraj Abdul Mueed Khan,
  Aged about 42 years, Convict
  No.C/5498, detained in Central
  Prison, Amravati.                    ..........        PETITIONER



          // VERSUS //



  1.State of Maharashtra,
    Through its Secretary, Home
    Department, Mantralaya,
    Mumbai-32.

  2.Deputy Director General and
    Inspector General Prisons and
    Correctional Services,
    Pune-1.

  3.Special Inspector General of
    Police (Prison), East Region,
    Nagpur.



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  4.Superintendent,
    Amravati Central Prison,
    Amravati, District Amravati.                  ..........    RESPONDENTS


  ____________________________________________________________
  Mr.J.K.Matale, Advocate (appointed) for the petitioner.
  Mr.S.M.Ghodeswar, A.P.P. for respondent nos. 1 to 4.
  ____________________________________________________________


                                CORAM       : SUNIL B. SHUKRE &
                                              AVINASH G. GHAROTE, JJ.

DATE : 15.1.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J) :

1. Rule, made returnable forthwith. Heard finally

by consent.

2. On going through the reply filed on record just

today, we are satisfied that the respondents have

performed their duty and now the ball lies really in the court

of Allahabad Police. If any transfer of prisoner like the

petitioner herein from a prison situated in the State of

Maharashtra to the prison situated in the State of Uttar

Pradesh is to take effect, it cannot take effect unless the

Uttar Pradesh police also agrees for accepting transfer of

the petitioner to one of their prisons. Since this petition

involves inter-state transfer issue, the transfer of petitioner

would depend upon reciprocity shown mutually by both the

sides. As stated just now, the proposal regarding accepting

transfer of petitioner to one of the prisons situated in the

State of Uttar Pradesh is presently pending with Uttar

Pradesh police. Therefore, this petition has been filed pre-

maturely and cannot be entertained at this juncture. The

petition stands dismissed. Rule is discharged.

3. Learned Counsel (appointed) for the petitioner be

paid remuneration of Rs.2,500/-.

                               JUDGE                     JUDGE




  [jaiswal]